LAW FOR ALL

sec.12 of court fee Act and sec.148 of C.P.C - court fee - non payment - DCF can be cured -yes- Amendment of plaint with two reliefs - decree passed - in appeal it was pointed out no court fee was paid on two reliefs and as such suit is liable to be dismissed - first appellant court rejected the plea and granted time to make deficiency of court fee the good - writ - High court reversed the order of first appellant court holding that appellant court can not do it - Apex court held that there was no order by the trial court directing the plaintiffs to make good the deficit court-fee within a particular time. the High Court, overlooked well known legal position that appeal is continuation of suit and the power of the appellate court is co-extensive with that of the trial court. It failed to bear in mind that what could be done by the trial court in the proceeding of the suit, can always be done by the appellate court in the interest of justice.and the High Court failed to consider clause (ii) of Section 12 of 1870 Act and as such set aside the high court order and upheld the order of first appellant court = CIVIL APPEAL NO. 8660 OF 2014 [ARISING OUT OF S.L.P. (C) NO. 9042 OF 2013] |SARDAR TAJENDER SINGH GHAMBHIR AND ANOTHER |...|APPELLANT(s) | | Versus | |SARDAR GURPREET SINGH & OTHERS |... |RESPONDENT(s) |= 2014- Sept. month- http://judis.nic.in/supremecourt/filename=41943